Loading...
Item 4.1 Wright County Project Agreement CR 137 and CSAH 37 Improvements Request for City Council Action DEPARTMENT INFORMATION ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Administration City Administrator/Finance Director Flaherty March 24, 2025 PRESENTER(s) REVIEWED BY: ITEM #: Consent City Attorney Kendall 4.1 - Project Agreement STRATEGIC VISION MEETS: THE CITY OF OTSEGO: X Is a strong organization that is committed to leading the community through innovative communication. X Has proactively expanded infrastructure to responsibly provide core services. Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. Is a social community with diverse housing, service options, and employment opportunities. X Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff is recommending that the City Council approve a project agreement. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? Yes No BACKGROUND/JUSTIFICATION: Wright County, along with the City of Otsego and City of Albertville, have been working cooperatively since December 2020 for an improvement project to County Road 137 and County State Aid Highway (CSAH) 37 as shown in the draft project layout included within this packet. In accordance with the Cost Participation Policy, a Funding Participation and Construction Agreement has been prepared by Wright County for consideration of approval by the partner cities. City Attorney Kendall has reviewed the agreement and is providing a recommendation for consideration of approval. Current cost estimates for the project total $7,910,243 which is reduced by combined LPP and LRIP grant funding in the amount of $2,500,000 for a net cost of $5,410,243. Per the Cost Participation Policy, the City of Otsego’s local share of this project totals $661,602 with the proposed breakdown of funding sources: - Fund 203: Park Development; $233,688 - Fund 414: Capital Improvement Revolving; $224,332 - Fund 360: Water Availability & Connections; $203,582 City Engineer Wagner has reviewed the project specifications and the cost share allocation and is providing recommendations for consideration of approval. Upon the project being bid and contracts awarded by Wright County, the City will be invoiced for 95% of the estimated local share. Once the project is completed, the City will be invoiced for the remainder of the local share of actual project costs and for engineering allocations. The Administrative Subcommittee reviewed this information at their March 12, 2025, meeting and recommended consideration of approval by the City Council. SUPPORTING DOCUMENTS ATTACHED: • Project Layout • Funding Participation and Construction Agreement POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to approve the Funding Participation and Construction Agreement for the County Road 137 and County State Aid Highway (CSAH) 37 Improvements Project between Wright County, the City of Otsego, and the City of Albertville. BUDGET INFORMATION FUNDING: BUDGETED: Fund 203 – Park Development Fund 414 – Capital Improvements Revolving Fund 360 – Water Availability & Connections Yes M M GP GPGP M GP M M DI M DI M DI GPGP DI GP M M M M M M M M M M M M GP M DI M M M M GPGP GP GP M GP GP M M M M M M GPGPGP GPGPGP DIDI GP MMM M M M GP GP GP GPGPGP M M GP GPGP M GP M M DI M DI M DI GPGP DI GP M M M M CSCSCS CSCSCS STOPSTOPSTOPSTOP STOPSTOPSTOPSTOPCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTION CAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTION CAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTIONCAUTION STOPvvv 956.5 LP LP 958.3 LP DISCLAIMER No Responsibility Is Assumed For Plans Developed Based On This Layout Adjacent To The Roadway Should Be Confirmed By Contacting: This Plan Will Change Prior To Construction. Any Plans For Development Disclaimer:DRAFT SUBJECT TO CHANGE 2/18/2025 PRINT CREATED ON DISCLAIMER No Responsibility Is Assumed For Plans Developed Based On This Layout Adjacent To The Roadway Should Be Confirmed By Contacting: This Plan Will Change Prior To Construction. Any Plans For Development Disclaimer:DRAFT SUBJECT TO CHANGE 2/18/2025 PRINT CREATED ON Legend Roadway Concrete Curb & Gutter / Median Shoulders Inplace ROW Construction Limits Bituminous Walk Concrete Walk Landscaping Legend Roadway Concrete Curb & Gutter / Median Shoulders Inplace ROW Construction Limits Bituminous Walk Concrete Walk Landscaping CR 137 Improvements Wright County, Minnesota SCALE IN FEET 50 1000 SCALE IN FEET 50 1000 94 INTERSTATE 37 NTYCOU 137 NTYCOU © 2025 Microsoft Corporation © 2025 Maxar ©CNES (2025) Distribution Airbus DS © 2025 TomTom February 2025 AGREEMENT NO. 25-51 WRIGHT COUNTY DEPARTMENT OF HIGHWAYS FUNDING PARTICIPATION AND CONSTRUCTION AGREEMENT BETWEEN THE COUNTY OF WRIGHT and THE CITIES OF ALBERTVILLE AND OTSEGO For CONSTRUCTION OF IMPROVEMENTS FOR: County State Aid Highway (CSAH) 37 – (locally known as 61st Street NE) And County Road (CR) 137 – (locally known as 60th Street NE) SAP 086-637-038 GRADING & BASE, SURFACING, ROUNDABOUTS, WATERMAIN, CONCRETE CURB & GUTTER, STORM SEWER & BIKE TRAIL/PATHWAY IMPROVEMENTS 2 COOPERATIVE AGREEMENT THIS AGREEMENT, made and entered into by and between the County of Wright, Minnesota, acting by and through its County Board of Commissioners hereinafter referred to as the "County", the Cities of Albertville and Otsego, Minnesota, acting by and through their respective City Councils, hereinafter referred to as the "Cities". WITNESSETH: WHEREAS, plans and specifications will be prepared by the County for the improvement of County State Aid Highway (CSAH) 37, (61st Street NE), from approximately Large Avenue NE to 75 feet East of TH 94 WB Ramp Terminal and CSAH 37 (60th Street NE) from 75 feet East of TH 94 WB Ramp Terminal to 700 feet east of Maciver Avenue, and said construction plans are designated as the CSAH 37 & CR 137 Reconstruction, and the length of the improvement project is approximately 0.79 miles, and WHEREAS, the Cities have supported the improvements of CSAH 37 and CR 137 through the process of Wright County applying for and successfully obtaining Local Road Improvement Program (LRIP) funds and Local Partnership Program (LPP) funds (totaling $2,500,000.00 in State grant funds awarded). WHEREAS, the improvements are consistent with the improvements identified in the County’s Long-Range Transportation Plan dated September 2019; the County’s current Five-Year Plan; and identified on the County’s list of Local Option Sales Tax Projects; and the County’s Cost Participation Policy, dated September 20, 2022 will govern the cost participation between the Cities and County for the project, and WHEREAS, the proposed improvements indicated above will be included in one (1) contract to be administered by the County and will consist of, but is not limited to, grading & base construction, roundabout construction, watermain, concrete curb & gutter, bituminous surfacing, bike trail/pathway construction, storm sewer/drainage improvements, and other miscellaneous improvements within the corporate limits of the Cities, and NOW THEREFORE, IT IS MUTUALLY AGREED AND UNDERSTOOD THAT: Article 1 The County shall construct or cause to be constructed an improvement project including, roadway, roundabout, bike trail/pathway, drainage, and other miscellaneous improvements upon or along CSAH 37 (61st Street NE) and CR 137 (60th Street NE) within the Cities’ limits in accordance with the approved plans and specifications as prepared by the County, and as approved by the MnDOT State Aid Office, and on file at the office of the County Engineer. Article 2 It is agreed that upon completion of and acceptance of the work as to quantity and quality by the County, the County Engineer shall determine the actual amount that the County will invoice the Cities in accordance with the following funding participation schedule: 1. CSAH 37/CR 137 Construction Costs: The cost participation is consistent with the Cost Participation Policy adopted by the County Board on September 20, 2022, and shown in the Appendix of the Agreement. The County will acquire necessary right-of-way for this project. 2. Storm Sewer Costs: It is agreed that upon completion of the project, the Cities will own/maintain the storm sewer February 2025 system and storm water ponds along CSAH 37 and CR 137 located within each city’s jurisdiction, respectively. This includes meeting the MS4 requirements of MPCA. This ownership/maintenance shall not commit the Cities to replacing or relocating any portion of said storm sewer made necessary as a result of a future reconstruction of CSAH 37 and CR 137. Funding for the storm sewer system & ponding will be split between the City and County by percentage of contributing flow, in accordance with the County’s Cost Participation Policy, dated September 2022. 3. Bituminous Trail/Pedestrian Pathway: The County will acquire the necessary right-of-way for the construction of this highway improvement project, including any additional right-of-way for the Cities pedestrian trail, if needed. The Cities will reimburse the County all right-of-way costs associated with the pedestrian trail. The costs associated with the pedestrian trail includes, but are not limited to permanent easement, temporary easement, damages due to loss of trees/shrubs, legal fees, costs, and expenses, pedestrian trail construction expenses, pedestrian trail gravel base, bituminous paving and required fencing due to pedestrian trail improvements. The Cities will own and maintain the trail after it is constructed. The Cities will also be responsible for all vegetative maintenance and snow clearing along the trail. The trail will be subject to the requirements in the County’s Right-of-Way Ordinance for Management of the Public Right- of-Way Under the County’s jurisdiction, for facilities located within the highway right-of-way. The Cities will maintain the pedestrian trail in good working order and will resurface and preserve the trail as needed to maintain a safe traveling experience for all users of the trail. 4. City Utilities/Landscaping/Other: It is agreed that all City utilities (watermain, sanitary sewer, etc.) and all landscaping items requested by the Cities and included in the project will be subject to the County’s Right-of-Way Ordinance for such facilities. 5. Watermain It is agreed that plans and specifications for watermain improvements will be prepared by the Otsego City engineer (Hakanson Anderson), and the plans/specifications will be included in the highway construction plans. The watermain located within the highway right-of-way will be subject to the County’s Right-of-Way Ordinance for facilities. A right-of-way permit will need to be completed for the watermain (the permit fee will be waived). The City shall pay all costs incurred by the County in performing the watermain improvements. 6. Engineering Costs: The County will provide engineering services (with staff and/or consultants) for design, construction administration and inspection of this project. The County will not participate in any engineering costs incurred by the City that are necessary for the City to assess their portion of the project costs (Feasibility Studies, hearings, legal expenses, etc.) or for public utilities (watermain/sanitary sewer). The City will reimburse the County for engineering services for the City’s portion of the project based upon the city/city/county percent share of construction costs. The final reimbursement will be computed using the appropriate % times the City’s portion only of the final contract construction cost. The County shall prepare a preliminary estimate of construction cost for the project. The preliminary cost estimate shall identify both the Cities’ share and County’s share of cost for the project based upon this funding agreement. This preliminary construction cost estimate shall be attached to this funding agreement. It is intended that the work outlined above in Article Two is to be done by a contractor on a unit price basis through a contract duly let by the County. When the County awards a contract, the County will prepare a new estimate of the Cities’ share of the construction cost based on the unit prices bid by the County's contractor. A copy of such revised cost estimate will be forwarded to the Cities. Article 3 4 The County shall be responsible for all field inspection of construction (including required testing at intervals outlined in the latest MnDOT State Aid for Local Transportation Materials Control Schedule, which is included in the project proposal), quantities, and contractor performance for the road improvement project. Testing for highway construction items will be paid for by the County and testing for all City items (all City utility, trail, City requested landscaping, etc.) will be paid for by the Cities. Article 4 The County shall bill the Cities (95% of the cities’ cost share) after the construction contracts are signed by the County and at the final completion of the project (the remaining cities’ cost share). The Cities shall reimburse the County within 60 days of receipt of the invoice from the County. Upon signing the construction contract by the County, a copy of the bid schedule breakdown of the Cities’ portion of the project shall be forwarded to the Cities. Upon 100% completion of the work, the County shall forward to the Cities a copy of a cost breakdown identifying the Cities’ cost participation, based on this agreement. Article 5 The Cities shall take ownership of the sidewalk and trail/bikepath and be responsible for all associated maintenance and future repairs of the sidewalk and trail/bikepath. The Cities are required to fill out a R/W Permit for the sidewalk and trail/pathway within the CSAH 37 and CR 137 right-of-way. The County will waive the permit fee since the construction will be in conjunction with this project. Article 6 The Cities shall be responsible for providing an adequate electrical power supply to the service pad for the street lighting of the roundabouts. Upon completion of the construction of the roundabouts, the City shall provide, at its own cost and expense, the necessary electrical energy for the operation of the intersection lighting and shall also be responsible to provide for the maintenance and relamping of the luminaires. The County shall, at its own cost and expense, provide for replacement of streetlight poles, service cabinet, etc. – if they should become damaged through vehicle collisions, etc. (major maintenance). Article 7 The Cities shall indemnify, save and hold harmless the County and all of its agents and employees of any form against any and all claims, demands, actions or causes of action of whatever nature or character arising out of or by reason of the execution or performance of the work provided for herein to be performed by the Cities. The County shall indemnify, save and hold harmless the Cities and all of its agents and employees of any form against any and all claims, demands, actions or causes of action of whatever nature or character arising out of or by reason of the execution of performance of the work provided for herein to be performed by the County. Article 8 It is further agreed that any and all full-time employees of the County and all other employees of the County engaged in the performance by any work or services required or provided for herein to be performed by the County shall be considered employees of the County only and not of the Cities and that any and all claims that may or might arise under Workmen's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged on any of the work or services provided to be rendered herein shall be the sole obligation and responsibility of the County. It is further agreed that any and all full-time employees of the Cities and all other employees of the Cities engaged in the performance by any work or services required or provided for herein to be performed by the Cities or Joint Powers Board shall be considered employees of the Cities only and not February 2025 of the County and that any and all claims that may or might arise under Workmen's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said Cities’ or Joint Powers Board employees which so engaged on any of the work or services provided to be rendered herein shall be the sole obligation and responsibility of the Cities. Article 8 Before this agreement shall become binding and effective it shall be approved by both the City Councils of Albertville and Otsego, and it shall also be approved by the County Board and such other officers as the law may provide. IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers and caused their respective seals to be hereunto affixed. COUNTY OF WRIGHT CITY OF ALBERTVILLE Recommended for Approval: Recommended for Approval: Wright County Engineer City Engineer, Albertville APPROVED: APPROVED: Chair, County Board Mayor, City of Albertville County Administrator City Attorney, City of Albertville County Attorney City Clerk, City of Albertville ____________ Date Date CITY OF OTSEGO Recommended for Approval: APPROVED: City Engineer, Otsego Mayor, City of Otsego _________________________ City Attorney, City of Otsego ________________________ City Clerk, City of Otsego _________ Date